General Assembly Raised Bill No. 5127
February Session, 2012 LCO No. 971
*00971_______ENV*
Referred to Committee on Environment
Introduced by:
(ENV)
General Assembly
Raised Bill No. 5127
February Session, 2012
LCO No. 971
*00971_______ENV*
Referred to Committee on Environment
Introduced by:
(ENV)
AN ACT DEFINING THE HIGH TIDE LINE FOR THE TIDAL, COASTAL AND NAVIGABLE WATERS OF THE STATE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 22a-359 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(a) The Commissioner of Energy and Environmental Protection shall regulate dredging and the erection of structures and the placement of fill, and work incidental thereto, in the tidal, coastal or navigable waters of the state waterward of the high tide line. Any decisions made by the commissioner pursuant to this section shall be made with due regard for indigenous aquatic life, fish and wildlife, the prevention or alleviation of shore erosion and coastal flooding, the use and development of adjoining uplands, the improvement of coastal and inland navigation for all vessels, including small craft for recreational purposes, the use and development of adjacent lands and properties and the interests of the state, including pollution control, water quality, recreational use of public water and management of coastal resources, with proper regard for the rights and interests of all persons concerned.
(b) After consultation with the Commissioner of Transportation, the Commissioner of Energy and Environmental Protection may consider any sunken or grounded vessel, scow, lighter or similar structure lying within the tidal, coastal or navigable waters of the state to be an encroachment subject to the provisions of this section and sections 22a-360 to 22a-363, inclusive.
(c) As used in this section and sections 22a-360 to [22a-363] 22a-363b, inclusive, "high tide line" means [a line or mark left upon tide flats, beaches, or along shore objects that indicates the intersection of the land with the water's surface at the maximum height reached by a rising tide. The mark may be determined by (1) a line of oil or scum along shore objects, (2) a more or less continuous deposit of fine shell or debris on the foreshore or berm, (3) physical markings or characteristics, vegetation lines, tidal gauge, or (4) by any other suitable means delineating the general height reached by a rising tide. The term includes spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm] the location of the topographical elevation of the highest predicted tide for the period beginning in 1983 and ending in 2001, referenced to the most recent National Tidal Datum Epoch as published by the National Oceanographic and Atmospheric Administration and described in terms of feet of elevation above the North American Vertical Datum of 1988. For the tidal epoch in effect as of October 1, 2012, such elevations, as indicated in feet of elevation, shall be as follows for each municipality adjacent to the tidal, coastal or navigable waters of the state: Ansonia 5.4', Branford 4.4', Bridgeport 5.0', Chester 2.9', Clinton 3.8', Cromwell 3.3', Darien 5.2', Deep River 2.9', Derby 5.4', East Hartford 3.8', East Haddam 3.0', East Hampton 3.0', East Haven 4.5', East Lyme 2.3', East Windsor 3.9', Essex 2.8', Fairfield 5.1', Glastonbury 3.5', Greenwich 5.3', Groton 2.0', Guilford 4.1', Haddam 3.0', Hartford 3.8', Ledyard 2.3', Lyme 2.9', Madison 4.0', Middletown 3.1', Milford (Housatonic River) 5.1' and Milford 4.7', Montville 2.3', New Haven 4.6', New London 2.0', Norwalk 5.2', Norwich 2.4', Old Lyme (Connecticut River) 2.9' and Old Lyme 2.5', Old Saybrook (Connecticut River) 2.9' and Old Saybrook 3.2', Orange 5.4', Portland 3.3', Preston 2.3', Rocky Hill 3.4', Shelton 5.4', South Windsor 3.9', Stamford 5.3', Stonington 2.0', Stratford (Housatonic River) 5.0' and Stratford 4.8', Waterford 2.1', West Haven 4.6', Westbrook 3.3', Westport 5.2', Wethersfield 3.6', Windsor 3.9', and Windsor Locks 3.9'. The commissioner may adopt regulations pursuant to chapter 54 to establish the high tide line for each municipality adjacent to the tidal, coastal or navigable waters of the state for tidal epochs commencing on and after 2020.
(d) For any tidal, coastal or navigable waters of the state located upstream of a tide gate, weir, or other device that modifies the flow of tidal waters, the high tide line for such tidal, coastal or navigable waters shall be the elevation of mean high water as found at the downstream location of such device.
(e) As used in this section and sections 22a-360 to 22a-363a, inclusive, "navigable waters" means Long Island Sound, any cove, bay or inlet of Long Island Sound, and that portion of any tributary, river or stream that empties into Long Island Sound upstream to the first permanent obstruction that directs navigation for watercraft from Long Island Sound.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2012 22a-359
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2012
22a-359
Statement of Purpose:
To define the high tide line for the tidal, coastal and navigable waters of the state in order to provide greater certainty in the field determination of such boundary for both the regulatory and enforcement responsibilities of the Department of Energy and Environmental Protection.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]